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What to do with a loved one's belongings after a death in Belgium: steps, estate and deadlines

After a death in Belgium: when to clear the home, which papers to keep, inheritance and lease deadlines, donations and clearance. By Sparkling Services.

Updated on · 6 min read · by the team at Sparkling Services

After a death, there is no need to clear the house in a hurry: contact a notary first, put important papers somewhere safe and agree a plan with the other heirs. The clearance comes afterwards, taking into account the deadline for the inheritance tax return and, if the deceased was renting, the end of the lease. This guide sets out the steps in order, with the points of caution specific to Belgium.

What should you do in the first days after the death?

In the first days, focus on the funeral, securing the home and keeping documents safe: sorting belongings can wait. The funeral director usually registers the death with the municipality.

  • Secure the home: lock up, gather the spare keys, empty the fridge, collect the post and check the heating.
  • Inform the bank: the deceased's accounts are in principle frozen once the bank is notified, except for certain payments such as funeral costs, within set limits.
  • Contact a notary: they check for a will or marriage contract, identify the heirs and guide you through what comes next.
  • Inform the landlord if the deceased was renting, and the home insurer in every case.

Don't give away, sell or throw out anything important yet. The only urgent actions are those that protect the home and its contents: removing perishable food, preventing water damage, closing windows.

When can you clear the home of someone who has died?

You can clear the house once the heirs are identified, agree on what happens to the belongings and have decided whether to accept the estate; if in doubt, ask the notary first. Acting too early can have legal consequences.

Under Belgian law, an heir can accept the estate outright, accept it under benefit of inventory (limiting liability for debts), or renounce it. Acting as an owner, by selling, giving away or discarding the deceased's belongings, may be treated as tacit acceptance of the estate. If you suspect significant debts, don't touch anything until you have spoken to the notary. Purely protective acts (securing, airing, removing perishable food) are in principle not a problem.

Where there are several heirs, the belongings are held jointly (indivision / onverdeeldheid): clearing the house, donating furniture or selling the property in practice requires everyone's agreement. A simple written agreement between heirs prevents a lot of tension and lets the clearance company work calmly.

If the estate is accepted under benefit of inventory, the notary draws up an inventory, and nothing should be moved before that.

What deadlines apply in Belgium?

The inheritance tax return (déclaration de succession / aangifte van nalatenschap) must be filed within four months of the death if it occurred in Belgium, five months if it occurred elsewhere in Europe and six months outside Europe; the tax is due within two months after that deadline. The return is handled by the Flemish Tax Administration (VLABEL) if the deceased lived in Flanders, and by the Federal Public Service Finance if they lived in Brussels or Wallonia. The notary very often files it.

If the deceased was a tenant, the end of the lease follows different regional rules:

RegionLease of a deceased tenant
FlandersThe lease ends automatically at the end of the second month after the death, with compensation of one month's rent, unless the heirs say they wish to continue it
WalloniaThe lease ends three months after the death; the landlord can end it earlier if the property has been vacated
BrusselsThe death does not end the lease automatically: the heirs must give notice or agree an end date with the landlord. If the home is no longer occupied by the deceased's household and rent or charges remain unpaid for two months from the death, the landlord may treat the lease as terminated without notice or compensation

These periods are short: in a rented home, the clearance often has to happen within two to three months of the death. For an owned property there is no legal deadline to clear it, but an empty house keeps costing money in charges, insurance and sometimes a municipal tax on vacant homes.

Which papers should you keep before the clearance?

Before any clearance, gather every administrative, financial and personal document in one box: the notary and the heirs will need them to settle the estate. Once the house is empty, they are often impossible to find.

  • will, marriage contract, deeds of gift;
  • property deeds, leases, notarial acts;
  • bank statements and cards, savings books, investment contracts;
  • insurance policies (life, home, funeral, hospitalisation);
  • tax assessments, tax returns, pension statements;
  • recent invoices and contracts for energy, water, phone and internet;
  • safe-deposit keys, codes, address books and any car documents.

Remember digital media too: computers, tablets, phones, USB sticks and hard drives often hold family photos and useful information. Ask the clearance team to set aside any documents or devices found in drawers: at Sparkling Services this is standard procedure.

How do you sort and share belongings among the heirs?

The calmest approach is two stages: first a walk through the house where each heir says what they would like, then a professional clearance of everything else. Respect any wishes set out in the will or known to the family.

  1. Agree a joint date, or share photos with heirs who live far away.
  2. Keep a list of requested items and settle competing requests amicably, or with the notary's help for valuable pieces.
  3. Have valuable items (jewellery, art, collections) appraised separately: the valuation may be useful for the inheritance tax return.
  4. Give everyone time to collect their items before a deadline.
  5. Hand the rest to the clearance team, with clear instructions about what must stay.

Sorting clothes, letters and photos is often the hardest part. You don't have to decide everything at once: put keepsakes in separate boxes and go through them later, in peace.

What happens to the deceased's furniture and belongings?

With Sparkling Services, anything that still has resale value is deducted from the price, reusable belongings are donated to reuse charities and the rest is sorted and recycled through suitable channels (recycling parks, sorting centres). Knowing that a loved one's things will still be used can bring some comfort.

Furniture, crockery, linen, books and appliances in good condition can go to charities and social-economy organisations (for example Les Petits Riens, Oxfam, Terre or the Kringwinkel network in Flanders), depending on what they accept. Textiles, wood, metal, electrical appliances and paper go to the appropriate recycling streams. Medicines should be returned to a pharmacy. Personal papers that nobody wishes to keep can be destroyed confidentially rather than simply thrown away.

The value of reusable or resaleable items is shown in the quote and deducted from the price: it can make the clearance free, and if it exceeds the cost of the clearance, we pay you the difference. Everything is in writing, so every heir can check the calculation.

Who pays for the clearance and how much does it cost?

The clearance is usually paid by the estate or by the heirs in proportion to their shares; the price depends on volume, access and sorting, minus the value of reusable items: the clearance can be free, we can pay you the difference, or you pay a fixed price on quotation. The survey visit is free, an estimate from photos is also possible, and the quote is fixed.

Whether these costs can be taken into account in the inheritance tax return is a question for your notary, depending on your situation and the region; don't rely on commercial promises. In every case we provide a detailed invoice including VAT for your records.

If the heirs live far away or abroad, everything can be arranged remotely: survey, quote, key handover, before-and-after photos. Our guide for heirs living abroad explains how this works.

Checklist: clearing a house after a death, step by step

  1. Secure the home and remove perishable food.
  2. Inform the bank, the insurer and, where relevant, the landlord.
  3. Consult a notary before disposing of anything.
  4. Gather all papers, documents and digital devices.
  5. Agree in writing with the other heirs what happens to the belongings.
  6. Have valuable items appraised if necessary.
  7. Organise the sharing of keepsakes, with a deadline.
  8. Request a survey visit and a fixed clearance quote.
  9. Have the home cleared, then cleaned.
  10. Read the meters, cancel contracts and return the keys to the landlord or notary.

We work discreetly in Brussels, Flanders and Wallonia, in English, French and Dutch. Contact Sparkling Services on +32 485 39 99 41 or through the contact form.

Frequently asked questions

How long do you have to clear a house after a death in Belgium?

For an owned property there is no legal deadline. For a rented home, the lease ends under regional rules: in Flanders at the end of the second month after the death, in Wallonia three months after the death; in Brussels the lease does not end automatically, so the heirs give notice or agree an end date with the landlord. The clearance therefore often takes place within two to three months.

Does clearing the house mean accepting the estate?

Acting as an owner, by selling, giving away or discarding belongings, can be treated as tacit acceptance of the estate. Purely protective acts are in principle not. If there may be debts, speak to the notary before clearing the house.

What is the deadline for the inheritance tax return in Belgium?

Four months from the death if it occurred in Belgium, five months if it occurred in another European country and six months outside Europe. The tax must be paid within two months after that deadline. In Flanders VLABEL is competent; a notary can prepare the return.

Can one heir have the house cleared alone?

When the estate is held jointly, clearing the house or disposing of its contents in practice requires the agreement of all heirs. A simple written agreement is recommended. If the heirs cannot agree, the notary can help find a solution.

What do you do with papers found during the clearance?

All documents, photos, keys and digital devices found during the clearance are set aside and handed to the family or the notary. Nothing personal is thrown away without your agreement, and papers to be disposed of can be destroyed confidentially.

Official sources

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